Hollaway v. UNUM Life Insurance Co. of America

KAUGER, J.:

¶ 1 As originally certified, the question certified provides:

Does Oklahoma’s cause of action for breach of the implied covenant of good faith and fair dealing allowing for recovery of consequential and (when appropriate) punitive damages, as adopted in Christian v. American Home Assurance Co., 1977 OK 141, 577 P.2d 899, apply only to contracts of insurance such that it can be said to “regulate insurance” as that term is used in Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41 [107 S.Ct. 1549, 95 L.Ed.2d 39] (1987) and Unum Life Ins. Co. of America v. Ward, 527 [526] U.S. 358 [119 S.Ct.…